ADJUTANT AND INSPECTOR GENERAL'S OFFICE,

Richmond, January 26, 1864.

Respectfully referred to Major Garnett Andrews, assistant-adjutant general, judge-advocate of the general court-martial convened by Paragraph XXVI, Special Orders, No. 21, Adjutant and Inspector General's Office, January 26, 1864, for his information.

By command of the Secretary of War:

JNumbers WITHERS,

Assistant Adjutant-General.

[Inclosure.]

CHARGE AND SPECIFICATION AGAINST BRIG. General J. B. ROBERTSON.

CHARGE.-Conduct highly prejudicial to good order and military discipline.

Specification.-In this, that he, the said Brig. General J. B. Robertson, his command being under orders to advance, the enemy being immediately in front and in retreat, did call together his regimental commanders, Lieutenant-Colonel Bryan, Fifth Texas Regiment; Major Winkler, Fourth Texas Regiment, and Captain D. K. Rice, First Texas Regiment, and did use language to them (his said regimental commanders), in substance, as follows: That there are but three days' rations on hand, and God knows where more are to come from; that he (meaning himself, the said Brig. General J. B. Robertson) had no confidence in the campaign; that whether we whipped the enemy in the immediate battle or not we would be compelled to retreat, the enemy being believed by citizens and most others to be moving around us, and that we were in danger of losing a considerable part of our army; that our men were in no condition for campaigning; that General Longstreet had promised shoes, but how could they be furnished; that we only had communication with Richmond, and could not even get a mail from there in less than three weeks; that he (meaning himself, the said Brig. General J. B. Robertson) was opposed to the movement, and that he would require written orders, and would obey them under protest; and other language of similar character, all of which language was calculated to discourage them (the said regimental commanders) and weaken their confidence in the movement then in progress for the development of the campaign, to create a distrust in regard to the safety of the troops, to prejudice them in regard to the management of the campaign, and tending to prevent that hearty and hopeful co-operation necessary to success. All this near Bean's Station, Tennessee, on or about the 16th day of December, A. D. 1863.

M. JENKINS,

Brigadier-General, Commanding Division.

Witnesses:

Lieutenant Colonel K. BRYAN, Fifth Texas Regiment; Major C. M. WINKLER, Fourth Texas Regiment; Captain D. K. RICE, First Texas Regiment.

[Indorsement.]

Respectfully forwarded, asking that a general court-martial be ordered to try the case.

JAMES LONGSTREET,

Lieutenant-General, Commanding.